Call: 2001

Jonathan Titmuss

“Excellent knowledge and experience.” Legal 500

Practice overview

Jonathan is a highly regarded senior junior who specialises in insolvency and restructuring.

The Legal 500 has ranked Jonathan as a leading insolvency junior for a number of years. He is noted as having “wide knowledge of technical insolvency and exceptional attention to detail” and having “sound commercialism”. He also accepts instructions in insolvency related commercial and property disputes.

Jonathan is known as a tenacious advocate and skilled strategist and tactician. He is popular and well respected by both his lay and professional clients for whom he is often seen as “go to” counsel.

Jonathan has an established practise dealing with the negligence of professionals involved in his core areas such as insolvency practitioners, solicitors and surveyors. He is recommended by Legal 500 in this area as well where he is recognised as being “responsive and knows his stuff”.

Jonathan is happy to consider different ways of funding cases including conditional fee agreements and he works with practitioners and funders to enable litigation to be funded to a successful conclusion whether following purchase and assignment or otherwise.

As an ADR Group accredited mediator, Jonathan is frequently involved in mediations and all forms of alternative dispute resolution.

Training

Jonathan takes a keen interest in training.  He regularly delivers talks to professionals in all areas of his work including solicitors, insolvency practitioners, accountants and surveyors as well as speaking for external organisations such as R3. He is also an accredited advocacy tutor for Lincoln’s Inn, a mentor on the pupillage foundation scheme and a registered pupil supervisor

 

Areas of expertise

  • Insolvency & restructuring
    • Corporate insolvency

      Corporate insolvency

      Jonathan deals with all aspects of corporate/partnership insolvency, including administrations, voluntary arrangements and liquidations and the officeholder disputes arising from these (fraud, wrongful trading and misfeasance etc).  He also handles the company law aspects of these disputes such as shareholders’ disputes, disqualification of directors, directors’ duties, derivative claims as well as security and priority issues.

      He regularly represents all the relevant parties in this field of work including financially distressed individuals and companies, office holders and creditors.

      Jonathan has particular expertise in dealing with property disputes arising in the insolvency context and often involving short term, non-status lending (see below).

      He has been recommended by Legal 500 for many years as a leading junior in this area.

      Jonathan is leading the Hardwicke editorial team in its review of Atkins – Bankruptcy and Insolvency.  He also edits the insolvency chapter of Insurance Broking and Practice as well as contributing insolvency articles to both Practical Law and LexisNexis including LexisNexis’ CRI Case Alerter.

      Recent Work

      • Obtaining freezing injunctions against directors guilty of misfeasance and / or fraudulent trading at the instigation of the principal creditor
      • Obtaining interim injunctions to prevent the presentation or advertisement of winding up petitions
      • Contested applications for administration orders, most recently an application by a bank to place a property development finance house into administration
      • Advising the liquidator on contingent gifts made to the company before liquidation
      • Application against a Trustee to admit a family member as creditor to an estate as a consequence of a familial loan
      • Representing a trustee in an application to defer the date of automatic discharge where the bankrupt had failed to disclose significant assets held outside the jurisdiction
      • Trustee remuneration disputes
      • Transfer at undervalue and preference claims
      • Acting for both directors and companies in the recovery of loan accounts following liquidation
      • Advising a family of a bankrupt as to the effect of a life interest granted to mother on possession proceedings brought by the Trustee
      • All ordinary applications in bankruptcy and winding up such as applications to set aside statutory demands, contested bankruptcy hearings, contested winding up petitions, orders for sale and annulments (particularly annulments co-extensive with re-mortgages)

      Cases

      • Mikki v Duncan [2016] EWCA Civ 1312
      • Dias v Havering London Borough Council [2011] EWHC 172 Ch concerning the extent to which the Court should go behind a liability order of the Magistrates Court regarding non-domestic rates.
    • Property insolvency

      Property insolvency

      Jonathan is frequently instructed in property disputes arising in the context of insolvency proceedings or recovery proceedings. His recent work has included:

      • Advising a liquidator on a large number of issues arising from the takeover of a property development where the majority of the development was let on assured shorthold tenancies that were defective and / or had issues in regard to the deposits
      • Forfeiture proceedings in regard to licensed premises.
      • Advising a liquidator on possession proceedings necessary to recover premises for creditors.
      • Advising an administrator on issues arising from the ownership of a football club where the ground was to be sold for redevelopment.
      • Advising an administrator upon his appointment over a property development finance house.  Issues included possession proceedings in regard to unpaid mortgages, enforcement of guarantees in regard to mortgage shortfalls against directors and removal of receivers already in post.

      Cases

      • [2019] GRC038 In the Royal Court of Guernsey. In the Matter of the Liquidation of Conqueror Holdings
  • Professional liability
    • Property Professionals

      Property Professionals

      Jonathan deals with negligence disputes relating to property professionals, particularly such as surveyors.

      Recent work

      • Claim relating to the failure of a surveyor to survey properly. As a consequence, significant damp and water penetration requiring extensive works to rectify were not revealed.
    • Financial professionals, insolvency professionals, directors & officers

      Financial professionals, insolvency professionals, directors & officers

      Jonathan handles a variety of professional negligence claims and specialises in claims arising in the insolvency context involving IPs, solicitors and other professionals.

      He has also niche expertise in negligence claims arising from short term, non-status lending, usually in relation to property acquisition and development.

      Recent work

      • Dispute relating to the misselling of interest rate hedging products to a company by a major high street bank.
    • Legal professionals

      Legal professionals

      Jonathan has considerable experience of professional negligence claims against solicitor and barristers, often in relation to his commercial, insolvency and property expertise.

      Recent work

      • Re Kelcrown (Hunt v Bishop): the issue relates to the limitation period and times for issuing and then serving insolvency applications.
      • Re Kamyab: acting for a solicitor in relation to claims relating to the conveyance of a £12m property where the vendor became bankrupt between exchange and completion.
      • Claim against a solicitor who was also executor and charged with negligent conduct of the estate, litigation and intermeddling in the litigation. There were also insolvency issues.

Recognition

“Excellent knowledge and experience.”Legal 500
“Great technical ability; sound commercialism.”Legal 500
“Exceptional attention to detail where it matters.”Legal 500
“Excellent technical and has practical knowledge in all insolvency areas.”Legal 500

Directory recommendations

Jonathan is recommended for both Insolvency and Professional Negligence in Legal 500.

  • “He is a great team player and extremely client friendly” – (Legal 500)
  • “Excellent technical ability and has practical knowledge in all insolvency areas.” – (Legal 500)
  • Technically and tactically very good.” (Legal 500)
  • Can make the complicated simple.” – (Legal 500)
  • “Good at quickly and clearly arriving at a pragmatic assessment of a situation” (Legal 500)
  • “Wide knowledge of technical insolvency and exceptional attention to detail where it matters.” (Legal 500)
  • Great technical ability; sound commercialism.’ (Legal 500)
  • Excellent knowledge and experience.’ (Legal 500)

Publications

  • Contributor to Atkins Corporate Insolvency Court Forms (LexisNexis)
  • Contributor of the insolvency chapter to Insurance Broking and Practice, edited by CMS (Informa)

Qualifications and memberships

BA (Hons) (UCL) (Geography)
ADR Group Accredited Mediator Professional Associations
R3 (Associate Member)
COMBAR
Property Bar Association
Chancery Bar Association

News

Insolvency Team – Recent Insolvency Case Update

04/03/2021

R3 Annual Conference 2018

13/02/2018

Articles

Insolvency Team – Recent Insolvency Case Update

04/03/2021

The effect of landlord insolvency on tenants

28/04/2020

Henderson & Jones Ltd v Tsimboykas & Ors (2018)

11/05/2018

Shifting Liabilities to Landlords in the course of restructuring: Wright and Rowley v Prudential Assurance Company Limited [2018] EWHC 402 Ch

17/04/2018

Past events

#Brew | Insolvency – Pre Packs – unpacking the new regulations

01/07/2021

Hardwicke/JMW Brew – Private prosecutions by Office Holders

03/06/2021

#HardwickeBrew – Insolvency – Court Control of Office-Holders

25/03/2021

#HardwiceBrew – Insolvency – Impact of Brexit and Enforcement

11/03/2021

#HardwickeBrew – Insolvency Roadmap

25/02/2021

#HardwickeBrew – Insolvency – 2020: The Nine-Month Nightmare Before Christmas and What Might Be in Your Stocking for 2021

17/12/2020

#HardwickeBrew – Insolvency – Lockdown Part II – Return of the (Tiger) King

01/10/2020

#HardwickeBrew – Insolvency – The Insolvency and Companies Court in Lockdown

30/07/2020

#HardwickeBrew – Insolvency – Winding up petitions and the financial effects of Coronavirus

09/07/2020

#HardwickeBrew – The Corporate Insolvency and Governance Bill (Part 4): what Parliament did

25/06/2020

#HardwickeBrew – Insolvency – Injunctions to restrain during the pandemic

18/06/2020

#HardwickeBrew – Insolvency – Remote statutory declarations

11/06/2020

#HardwickeBrew – Insolvency – The creditor-minded approach

14/05/2020

#HardwickeBrew – Insolvency: “Light Touch Administration”

30/04/2020

Appointing administrators – pitfalls and recent developments

05/03/2020

Insolvency 2019 Conference – 10th September 2019

10/09/2019

Insolvency Issues in Professional Negligence Claims

20/03/2019

Mind the gap! Property issues for insolvency professionals

28/02/2019

Newsletters

Books

Atkins Court Forms- Corporate Insolvency

28/01/2019